Caldera Flats Subdivision - DK Lands LLC (Button)

Doug Button and DK Land LLC applied for a Class II Permit in the Rural Base Zone of the Henry’s Lake Flats for a 32-lot subdivision on a 160-acre parcel. The discussion was tabled at a P&Z meeting on March 29th. A new hearing has been scheduled by the Fremont County Planning and Zoning Commission to once again discuss the application.

The public hearing has been scheduled for Monday, July 14 at 5 p.m. at the EMS Building, 4395 County Circle Rd. in Island Park.

There are two ways to provide comments on this proposal.
* Send written comments via email to P&B@co.fremont.id.us by NOON on Monday, July 7.
* Attend the public hearing in person on July 14 and provide comments at the hearing. Each presenter will be given 3 minutes to state comments and concerns about the proposal.

There have been two new P&Z Commissioners added since the March 29 hearing, so we must make sure all P&Z members are aware of our concerns either in writing prior to the hearing, or in person on July 14.

At the meeting on March 29th the community discussed many issues associated with the Class II application. Of particular concern is a substantive code compliance issue relating to the open space proposed for the project. Fremont County Code Chapter 5, Section 59 states the performance standards for open space. It requires open space be held and managed for open space purposes by a condominium association, homeowner’s association, private conservation organization or governmental body, through the dedication of an easement to Fremont County, or held privately as a conservancy lot with a deed restriction enforceable by the County. These performance standards do not indicate open space on private individual home lots counts towards the requirement of open space. But this project does exactly that. The requirement that the applicant provide an Open Space Ownership and Management Plan reinforces the interpretation that open space cannot be on individual lots. However, the Preliminary Plat includes a note that “the areas designated as open space will be retained by the owners of the individual lots as their private property, but will be treated as a separate lot as outlined in the open space subdivision ordinance 401.C. Open space areas are restricted to all structures.”

Other items of concern include:

• This application has the same problems the Burtenshaw application did in terms of a lack of information: though it provides some detail, it does not provide the level of detail required under Code. For instance, the application does not include review and comment from most applicable agencies, as required by F.C.C. §§ 3.05.040 and 3.13.020(c). Only ITD submitted input saying it approved the traffic study. The narrative says the applicant spoke with the Army Corps of Engineers but there is no
  report or correspondence to that effect.
• The application does not provide the required information and studies to ensure compliance with applicable performance standards under F.C.C. Chapter 5. The staff report says “the Commission shall determine whether the proposed application is in compliance with the Plan and all requirements of this ordinance. If the proposed application complies with all applicable performance standards of this Ordinance the application for a permit shall be approved.” Without the required information and studies, the Commission cannot and should not approve the application.
• The proposed development (1) is located within “significant wetland areas and channels” and potential wildlife habitat, and (2) will require individual lots to provide their own stormwater mitigation and to obtain potable water via individual wells. Neither of these concerns has been addressed through agency feedback or evidence of performance.
• The staff report indicates a sketch plan was presented to P&Z on January 16, 2025. The sketch plan stage should have presented agency feedback. Though the staff report says minutes are attached, no minutes are attached and none were available for that meeting online. Regardless, no meeting minutes are available online for any 2025 meetings.
• The application should provide plans and an explanation of how site design complies with the requirements of F.C.C. Division 9.2, the “four step site planning procedures for open space subdivisions.” The plans provided in the application materials do not provide the level of detail required by this section of Code. To our knowledge there is no such open space subdivision ordinance 401.C to review. But neither does it comply with what is in the Fremont County Code we reviewed. The staff report does not comment on open space except to say that the applicant has “platted” the required number of acres.